Federal Agency Decisions
Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.
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David Boudreau v. Industrial Resources, Incorporated and Seabright Insurance Company
Boudreau v. Industrial Resources (BRB 18-0562): arm impairment award affirmed
David Boudreau injured his right elbow while working for Industrial Resources and sought additional disability benefits. The judge awarded benefits for a ten percent permanent impairment of his right arm, accounting for both elbow and nerve symptoms. Boudreau argued that the judge should have given…
Douglas L. Gentry v. B & W Resources, Incorporated and Kentucky Employers Mutual Insurance
Gentry v. B & W Resources (BRB 18-0382 BLA): black lung benefits affirmed
Douglas Gentry worked in coal mining for 21.55 years under conditions similar to an underground mine. The judge found that a disabling respiratory impairment triggered the fifteen-year presumption of disability due to pneumoconiosis. B & W Resources challenged the disability finding and argued that…
Raymond Abshire v. Kentland Elkhorn Coal Corporation and The Pittston Company
Abshire v. Kentland Elkhorn Coal (BRB 18-0219 BLA): reconsideration denied
Kentland Elkhorn Coal and its carrier asked the Board to reconsider its March 2019 decision in Raymond Abshire's black lung benefits case. Abshire and the Director of the Office of Workers' Compensation Programs opposed the request. After considering the employer's arguments, no panel member voted…
R.L. and Department of the Army, San Antonio Military Medical Center, Fort Sam Houston, TX
Cervical claim lacks medical causation proof
An Army medical-center employee claimed a cervical spine condition after an accepted August 2017 work incident. Her physician diagnosed cervical conditions but did not provide a sufficient explanation connecting them to the incident. The Board affirmed OWCP’s denial.
R.W. and U.S. Postal Service, Post Office, Washington, DC
Right-leg claim lacks medical causation proof
A postal employee sought benefits for a right lower-extremity condition after an accepted March 2018 work incident. The Board found that the medical evidence, including reports about later quadriceps surgery, did not adequately explain how the incident caused the diagnosed condition. It affirmed…
A.W. and U.S. Postal Service, Cicero Post Office, Cicero, IL
Total disability after modified duty unproven
A postal employee sought total disability benefits beginning October 28, 2017 after an accepted 2016 injury. The Board found that his physician did not explain why the injury suddenly prevented performance of modified duty. The record also did not show the modified-duty job had been withdrawn. It…
L.S. and Department of the Treasury, Internal Revenue Service, Holtsville, NY
Knee replacement surgery remains unauthorized
An Internal Revenue Service employee requested authorization for a total right knee replacement. OWCP had accepted a meniscal tear. The Board credited a reasoned medical opinion that the proposed surgery treated degenerative changes rather than the accepted injury and found the treating opinion did…
M.M. and Department of Justice, Federal Bureau of Prisons, Brooklyn, NY
Shoulder claim lacks a reasoned medical link
A prison employee claimed a left shoulder condition after an accepted October 2015 work incident. The Board found that the submitted reports did not adequately explain how the incident caused or aggravated a diagnosed shoulder condition. It affirmed OWCP’s denial.
E.K. and U.S. Postal Service, Post Office, Los Angeles, CA
Missed hearing treated as abandoned
A postal employee requested an oral hearing about her compensation claim. OWCP sent notice of the scheduled hearing, but she did not appear or explain her absence within the allowed period. The Board held that OWCP properly treated the hearing request as abandoned. It affirmed the hearing decision…
W.H. and U.S. Postal Service, Post Office, Long Beach, CA
Long-term satchel duties need medical review
A postal carrier attributed lumbar conditions to years of carrying a mail satchel. Although he first filed a traumatic injury claim, he clarified that he was alleging long-term occupational exposure. The Board found medical reports generally supported a work connection but did not establish the…
M.R. and Department of Transportation, Federal Aviation Administration, Mike Monroney Aeronautical Center, Washington, DC
New evidence requires merits reconsideration
A Federal Aviation Administration employee asked OWCP to reconsider his claim. He supplied a previously unconsidered memorandum from a physician about the employing establishment’s notice of his condition. The Board found the memorandum relevant to the claim and held that OWCP should have reopened…
FAMA Construction, LLC.
Roofing safety violations affirmed at two residential sites
FAMA Construction arranged roofing work at two residential construction sites in Lawrenceville, Georgia. OSHA cited ladder, eye protection, and fall protection violations involving two roofing crews. The judge found that FAMA was the workers' employer and, alternatively, a controlling employer that…
Secretary of Labor v. Peabody Midwest Mining, LLC
Three escapeway citations vacated
After Peabody Midwest stopped production on the old 2B panel, it moved the production equipment outby the former loading point, changed the ventilation, and began mining elsewhere. MSHA cited the company because the old panel no longer had tracking and communication, a lifeline, or working…
W.R. and Department of Veterans Affairs, Charles George Veterans Affairs Medical Center, Asheville, NC
Late reconsideration request fails clear-error review
A Veterans Affairs employee asked OWCP to reconsider its earlier traumatic injury denial after the one-year filing period. The Board held that the request was late and did not show clear evidence that the earlier decision was wrong. It affirmed OWCP’s refusal to reopen the claim.
R.E. and Department of Agriculture, U.S. Forest Service, Washington, DC
Benefits termination upheld after accepted conditions resolved
OWCP ended a Forest Service employee’s wage-loss and medical benefits effective December 9, 2018. The Board credited medical examinations finding that the accepted 2016 conditions had resolved and no longer caused disability or residuals. It held that OWCP met its burden and affirmed the…
F.A. and U.S. Postal Service, Mail Recovery Center, Atlanta, GA
Late reconsideration request fails clear-error review
A postal employee sought reconsideration more than a year after OWCP’s last merits decision. The Board found the request untimely and held that it did not demonstrate clear evidence that OWCP had erred. It affirmed OWCP’s refusal to reopen the underlying claim.
J.M. and Defense Commissary Agency, Joint Base Lewis-McChord, WA
Elbow claim lacks a medical explanation
A commissary employee reported right elbow conditions after an accepted May 2018 work incident. Her physician diagnosed tendinitis and lateral epicondylitis but did not explain whether the incident caused them. The Board affirmed OWCP’s denial for lack of reasoned causal evidence.
P.H. and U.S. Postal Service, Post Office, Hot Springs, SD
Shoulder claim and reconsideration denied
A postal employee attributed a left shoulder injury to accepted work activities. The Board found the medical evidence insufficient to establish a causal connection. It also found that her reconsideration request did not warrant reopening the merits. It affirmed both OWCP decisions.
C.P. and Department of Veterans Affairs, Veterans Health Administration, Philadelphia, PA
Workplace canteen fall requires medical review
A Veterans Affairs employee fell while stopping at a canteen store on the employer’s premises during her workday. The Board held that briefly looking at a display while obtaining food was an inconsequential diversion that did not take her outside the performance of duty. It set aside OWCP’s denial…
J.F. and U.S. Postal Service, Post Office, Lawrence, MA
Wage loss reduced after suitable temporary work declined
A postal employee declined a temporary, limited-duty assignment offered within her medical restrictions. OWCP reduced wage-loss compensation based on what she could have earned in that job. The Board found the assignment fit her restrictions and upheld the reduction effective April 1, 2018.
G.F. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA
Benefits termination upheld after injury residuals resolved
OWCP ended a Navy shipyard employee’s wage-loss and medical benefits effective December 29, 2016 for an accepted 1996 injury. The Board credited its referral physician’s examination and reasoned finding that no residual effects remained. It held that OWCP met its burden to terminate benefits and…
Edwin Taylor Corporation
Willful fall protection violation affirmed
Edwin Taylor Corporation supervised residential construction of three-story townhomes in St. Petersburg, Florida. Workers and company supervisors were repeatedly present above six feet without guardrails or other fall protection, and a laborer died after falling through an unprotected opening. The…
Marvin D. Wilson v. ManTech International Corporation and Zurich American Insurance Company
Wilson v. ManTech (BRB 19-0007): attorney fee award affirmed
Marvin Wilson's attorney sought fees for work on a Defense Base Act claim after the employer withdrew its opposition. The judge awarded $24,260.58 in fees plus $1,222.32 in costs, less than counsel requested. On appeal, counsel challenged the hourly rates, the refusal to increase the award for…
Esther Kay Kirk v. Ruth Contracting Corporation
Kirk v. Ruth Contracting (BRB 18-0405 BLA): survivor award vacated for new hearing
Esther Kirk was awarded survivor benefits after a judge found that her husband's legal pneumoconiosis contributed to his death. Ruth Contracting appealed, arguing that the judge had not been appointed in accordance with the Constitution's Appointments Clause. The Board found that the judge had…
Dallas Blanton v. Rex Coal Company, Incorporated and Chartis Casualty Company/AIG
Blanton v. Rex Coal (BRB 17-0430 BLA): reconsideration denied
Rex Coal and its carrier asked the Board to reconsider its earlier decision affirming Dallas Blanton's black lung benefits. They argued for the first time after that merits decision that the administrative law judge had been improperly appointed. The Board held that the appointment challenge was…
Ellerbee v. Annett Holdings, Inc. d/b/a TMC Transportation
STAA review petition filed late
Jamel Ellerbee sought Board review of an ALJ decision in his Surface Transportation Assistance Act case. The petition was due May 10, 2019, 14 days after the ALJ decision, but Ellerbee filed it on May 20. He explained delays reviewing his mail, online-filing problems, full-time employment, and the…
Gryga v. Henkels & McCoy, Inc.
SOX appeal dismissed after district-court filing
Nick Gryga alleged that Henkels & McCoy retaliated against him in violation of the Sarbanes-Oxley Act. OSHA and an ALJ dismissed the complaint, and Gryga petitioned the Board for review. Before the Board ruled, he filed a de novo action in the Northern District of Illinois but did not provide the…
K.R. and Department of the Navy, Training Command, Quantico, VA
Arm injury claim lacks a reasoned causal opinion
A Navy employee reported right elbow and shoulder injuries after an accepted September 2018 work incident. His physician diagnosed shoulder bursitis and a distal biceps tendon rupture but did not adequately explain how the incident caused them. The Board affirmed OWCP’s denial.
J.R. and Department of Veterans Affairs, Oakhurst Outpatient Clinic, Oakhurst, CA
Reconsideration request did not reopen claim
A Veterans Affairs employee asked OWCP to reconsider a compensation claim already addressed in an earlier Board appeal. The Board did not revisit the evidence decided before and found the new request did not meet the standard for reopening the merits. It affirmed OWCP’s nonmerit denial.
E.S. and Department of the Air Force, USAF Medical Center, Travis Air Force Base, CA
Some travel reimbursement debt upheld; later period open
An Air Force employee appealed OWCP’s finding that it had overpaid mileage reimbursements. The Board found $2,238.95 in duplicate or excessive travel payments from January 2014 through May 2015. It found the record inadequate to decide whether a further overpayment arose from June 2015 through…
Y.T. and U.S. Postal Service, Post Office, Douglasville, GA
Reconsideration ruling overlooked existing medical reports
A postal employee asked OWCP to reconsider a decision about her ability to work. The Board found that medical and work-capacity reports already submitted before OWCP’s May 2018 decision had not been considered. It set aside the reconsideration denial and returned the case for OWCP to address the…
H.O. and U.S. Postal Service, Tampa Business Mail Entry Unit, Tampa, FL
Medical-treatment recurrence denial omitted accepted knee condition
A postal employee sought renewed medical treatment after an accepted workplace fall. OWCP denied the request but addressed bilateral knee contusions without explaining the separate accepted right knee meniscal tear. The Board found the decision lacked adequate findings and reasons for both accepted…
M.H. and U.S. Postal Service, Post Office, Provo, UT
Leg pain does not establish a diagnosed injury
A postal employee claimed a right lower-extremity injury after an accepted April 2018 workplace incident. The physician’s reports described right leg pain but did not establish a compensable medical diagnosis caused by the incident. The Board affirmed OWCP’s denial.
S.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Phoenix, AZ
Scrubber incident established; medical causation open
A Veterans Affairs employee reported a hand injury when a floor scrubber malfunctioned at work. OWCP rejected the claimed incident. The Board found the record established that the January 18, 2017 incident occurred during work, but medical causation still needed assessment. It set aside OWCP’s…
D.G. and Department of Homeland Security, Immigration & Customs Enforcement, Boston, MA
Overpayment upheld; fault reversed and waiver remanded
A federal employee received FECA wage-loss payments after benefits ended and she elected retirement benefits. The Board upheld OWCP’s $3,256.30 overpayment finding for October 16 through November 12, 2016. It reversed OWCP’s finding that she was at fault and returned the case to consider waiver of…
Sanderson Farms, Inc. – Processing Division
Ammonia process-safety items partly affirmed
Sanderson Farms operated a chicken processing plant that used anhydrous ammonia for refrigeration. OSHA cited several process safety management deficiencies involving engineering-practice documentation, diagrams, ventilation information, written mechanical-integrity procedures, and equipment…
Social Security Administration and American Federation of Government Employees, Local 3438
Social Security Administration and AFGE Local 3438 (FLRA 0-AR-5402): Higher-grade award vacated
A term-appointed GS-5 personal assistant alleged that she had performed duties of a GS-8 customer-service representative for several years. An arbitrator ordered the agency to give her a GS-8 rating immediately and provide retroactive pay. The Authority raised jurisdiction on its own and found that…
T.P. and Department of the Army, Dental Command, Joint Base Lewis-McChord, Tacoma, WA
Reconsideration request did not reopen claim
An Army employee requested reconsideration of an earlier OWCP decision. The Board found that his request did not show a legal error or present a new relevant argument or evidence requiring another merits review. It affirmed OWCP’s nonmerit denial.
J.W. and U.S. Postal Service, Post Office, Cleveland Heights, OH
Claimed delivery-route fall lacks sufficient detail
A postal carrier alleged injuries after fainting from heat while delivering mail. The Board found that her single general statement lacked enough detail to establish a traumatic incident in the performance of duty as claimed. It affirmed OWCP’s denial.
R.H. and U.S. Postal Service, Post Office, Cleveland, OH
Wrist disease claim requires more medical development
A postal employee attributed a degenerative right wrist condition to accepted work duties. The Board found a later physician report did not prove causation outright but raised an uncontradicted inference linking the condition to work. It set aside OWCP’s denial and returned the claim for further…
L.W. and U.S. Postal Service, Processing & Distribution Center, Elk Grove Village, IL
Claimed tractor-trailer incident lacks a clear injury account
A postal employee alleged an injury after a tractor trailer failed to operate at work. The Board found she had not clearly described how the January 2018 event caused an injury at the time and place alleged. It affirmed OWCP’s denial on the factual part of the claim.
C.B. and U.S. Postal Service, Post Office, South Cottage Grove, IL
Treatment recurrence and reconsideration denied
A postal employee sought additional medical treatment for an accepted 2013 injury. The Board found the evidence did not establish a recurrence of treatment need caused by the accepted injury without an intervening cause. It also found that his reconsideration request supplied no new basis for…
P.D. and Department of Transportation, U.S. Merchant Marine Academy, Kings Point, NY
Lumbar claim lacks reasoned causal evidence
A Merchant Marine Academy employee claimed lumbar conditions after an accepted November 2015 work incident. The Board found that work excuses lacked a diagnosis and causation explanation, while other medical opinions did not adequately connect the conditions to the incident. It affirmed OWCP’s…
G.S., Claiming as Widow of C.S., and U.S. Postal Service, Post Office, Charlotte, NC
Leg impairment denied; arm impairment returned
The widow of a postal employee sought schedule awards based on his limb impairment. The Board found no compensable permanent impairment of either lower extremity from the accepted lumbar injury. It found the record inadequate to decide the left upper-extremity impairment issue. It affirmed the leg…
J.F. and Department of Commerce, National Oceanic & Atmospheric Administration, Greer, SC
Additional leg impairment award denied
A Commerce Department employee sought a schedule award above the three percent right lower-extremity impairment he had already received. The Board found OWCP properly relied on a medical adviser’s application of the impairment guides. The record did not establish greater ratable impairment from the…
Navarro v. RCL Wiring, LP d/b/a Idaho & Sedalia Transportation Company
Navarro v. RCL Wiring, LP (DOL ARB 2019-0040 and 2019-0043): railroad retaliation settlement approved
An ALJ awarded Steve Navarro damages, attorney fees, and costs on his claim that RCL Wiring retaliated against and discharged him in violation of the Federal Railroad Safety Act. After the company sought Board review, the parties submitted a confidential settlement. The Board limited its review to…
P.P. and Department of Agriculture, U.S. Forest Service, Ukiah, OR
Medical-condition claim and reconsideration denied
A Forest Service employee attributed a medical condition to work factors. The Board found that the medical reports did not sufficiently establish a causal connection. It also held that his reconsideration request repeated earlier material rather than presenting grounds for another merits review. It…
K.B. and Department of Agriculture, Food Safety Inspection Service, Minneapolis, MN
Arm impairment above two percent needs development
An Agriculture Department employee sought a schedule award greater than her existing two percent right upper-extremity rating. Her treating physician rated whole-person impairment, which is not the measure for this schedule award. The Board found OWCP had not adequately developed an appropriate arm…
M.G. and U.S. Postal Service, Processing & Distribution Center, Montgomery, AL
Overpayment and waiver denial upheld
A postal employee received $1,000.93 in wage-loss benefits after returning to a modified job without wage loss. The Board upheld the overpayment for April 6 through 28, 2018 and agreed she was without fault. It also upheld OWCP’s denial of waiver because she did not submit the requested financial…
C.P. and U.S. Postal Service, Post Office, Concord, CA
Life-insurance overpayment sent back to establish coverage election
OWCP assessed a $5,423.55 overpayment based on life-insurance premiums it had not deducted from a postal employee’s compensation. The Board found no signed election form showing which life-insurance coverage the employee had chosen. It set aside the decision and directed OWCP to obtain the executed…
J.W. and U.S. Postal Service, Main Post Office, Greensboro, NC
Emotional-condition claim lacks medical causation proof
A postal employee claimed an emotional condition after management required her to sit in a wheelchair for eight hours. The Board accepted that incident as a compensable work factor. It found that the medical evidence did not adequately connect her diagnosed emotional conditions to that factor. The…
T.S. and Department of Veterans Affairs, Veterans Administration Medical Center, Muskogee, OK
Late reconsideration request fails clear-error review
A Veterans Affairs employee asked OWCP to reconsider an earlier compensation decision after the one-year period. The Board found the request untimely and held that the new medical reports did not demonstrate clear evidence that OWCP had erred. It affirmed the refusal to reopen the merits.
Matter of Jun Yun ZHANG
A false citizenship claim does not require intent for removability
The Board reviewed an appeal from a finding that a Chinese lawful permanent resident was removable for falsely representing himself as a United States citizen. The respondent had obtained a Certificate of Naturalization through an unlawful process but argued that removability required a knowing or…
David G. Newton-Sealey v. G4S International Employment Services (Jersey) Limited and Continental Insurance Company
Newton-Sealey v. G4S (BRB 19-0090): Defense Base Act award affirmed
David Newton-Sealey was injured while providing security for engineers in Iraq and later settled a related lawsuit in the United Kingdom. His employer argued that the settlement barred Defense Base Act benefits because it was made without the insurer's approval. In an earlier decision, the Board…
Ana Bertha Perez v. Navy Exchange Service Command
Perez v. Navy Exchange Service Command (BRB 18-0488): reconsideration denied
Ana Perez asked the Board to reconsider its March 2019 decision in her claim against Navy Exchange Service Command. The employer opposed the request. No Board member voted to change the prior decision, so the Board denied reconsideration. The order noted that Perez could request modification from…
Lawrence Gauze, Jr. v. Pontiki Coal Corporation and MAPCO, Incorporated
Gauze v. Pontiki Coal (BRB 18-0325 BLA): black lung benefits affirmed
Lawrence Gauze sought black lung benefits after 13.16 years of coal mine work, including work as a coal truck driver. Because he had fewer than fifteen years, the judge assessed his claim without the statutory fifteen-year presumption and found that coal dust contributed to his disabling lung…
William G. Dixon v. CAM Mining, LLC
Dixon v. CAM Mining (BRB 18-0324 BLA): black lung benefits affirmed
William Dixon worked underground in coal mines for twenty-one years. The judge found that he had a disabling respiratory impairment and applied the fifteen-year presumption that the disability was due to pneumoconiosis. CAM Mining challenged both the disability finding and the judge's rejection of…
Ermine H. Hayes v. Cowin and Company, Incorporated
Hayes v. Cowin and Company (BRB 18-0273 BLA): coal work calculation remanded
Ermine Hayes received a black lung benefits award after the judge found fifteen years of qualifying coal mine work and a disabling lung impairment. Cowin and Company disputed the length of his coal mine employment. The Board held that the judge had not adequately explained why he used an earnings…
Sheila Ashley (widow of and on behalf of Bennie Ashley) v. Westmoreland Coal Company
Ashley v. Westmoreland Coal (BRB 18-0262 BLA): miner and survivor awards affirmed
Bennie Ashley had more than twenty-one years of underground coal mine work and a disabling respiratory impairment. His widow pursued his claim and her own survivor claim after his death. On remand, the judge found that Westmoreland Coal had not rebutted the presumption that his disability was due…
Secretary of Labor v. Consol Pennsylvania Coal Company, LLC
Walkway violation affirmed without S&S finding
MSHA cited Consol Pennsylvania Coal for a hose, replacement roller, coal, and a plastic bag on an elevated walkway at the Harvey Mine. The company admitted the travelway standard was violated but disputed the S&S designation, injury likelihood, negligence, and penalty. Judge William B. Moran found…
What these documents are
- The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
- Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.